Sweet Home Central School District v. Aetna Commercial Insurance

Green, J. P., and Pigott, Jr., J.

(dissenting). Because we disagree with the majority’s conclusion that defendants, Aetna Commercial Insurance Company and Aetna Casualty and Surety Company (Aetna), have no duty to defend or indemnify plaintiff, Sweet Home Central School District of Amherst and Tonawanda (Sweet Home), we respectfully dissent for two reasons.

First, the policies define an “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” “In deciding whether a loss is the result of an accident, it must be determined,…